What is the test for a claim for retaliation in violation of the First Amendment?

MultiRegion, United States of America

The following excerpt is from Stuckey v. California, No. 2:20-cv-0834-TLN-EFB P (E.D. Cal. 2020):

To state a claim for retaliation in violation of the First Amendment, a prisoner must allege facts showing five elements: (1) that a state actor took some adverse action against him (2) because of (3) his protected conduct, (4) that such action chilled his exercise of his First Amendment rights, and (5) that the action did not reasonably advance a legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005). The plaintiff need not allege that his speech was actually inhibited or suppressed, but merely that the defendant's conduct was

Page 8

Other Questions


Can a plaintiff bring a claim that he or she was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a claim that he or she was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
What are the elements of a claim of retaliation in violation of the First Amendment? (MultiRegion, United States of America)
Is there any case law supporting a claim that retaliation against a prisoner is retaliation against their First Amendment rights? (MultiRegion, United States of America)
Can a plaintiff bring a motion to dismiss the claim that he was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
What is the test for a claim of retaliation in violation of the First Amendment? (MultiRegion, United States of America)
What is the test for a First Amendment retaliation claim? (MultiRegion, United States of America)
What is the test for a First Amendment retaliation claim? (MultiRegion, United States of America)
What is the test for a retaliation claim under the First Amendment? (MultiRegion, United States of America)
What is the test for a retaliation claim under the First Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.